HomeMy WebLinkAboutOrdinances - MC-19-1191 - 04/15/2019 - Code Amendment Chapter - Devices, Coin-Operated DevicesCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER MC-19-1191
An Ordinance amending Chapter 9, Devices, Coin -Operated, of the City of
McHenry Municipal Code
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
April 15, 2019
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 15th day of April, 2019.
ORDINANCE NO. M_ - j 17I
An Ordinance Amending Chapter 9, Devices,
Coin -Operated, of the City of McHenry's Municipal Code
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in
the Constitution of the State of Illinois;
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Chapter 9, Devices, Coin -Operated, Section 9-1, Definitions shall be amended
as follows:
Sec. 9-1. Definitions.
As used in this Chapter:
Electronic sweepstakes machine or device means a mechanically, electrically, or
electronically operated machine or device, that is owned, leased, or otherwise possessed
by a sweepstakes sponsor or promoter, or any of the sweepstakes sponsors or promoters
partners, affiliates, subsidiaries or contractors, that is intended to be used by a
sweepstakes entrant, that uses energy, and that is capable of displaying information on a
screen or other mechanism.
Enter or entry means the act or process by which a person becomes eligible to receive any
prize offered in a sweepstakes.
Entertaining display means a visual information capable of being seen by a sweepstakes
entrant that takes the form of actual game play or simulated game play including, but not
limited to a poker game or any other kind of playing card game; a bingo game; a craps
game; a keno game; a lotto game; an eight -liner game; a pot -of -gold game; a game based
on or involving the random or chance matching of different pictures, words, numbers of
symbols not dependent on the skill or dexterity of the player; a casino or gambling game;
and any other video game the outcome of which is not in whole or in part dependent on
the skill or dexterity of the player that is played in the course of revealing a prize as a
result of an entry into a sweepstakes .
Juke box means any music vending machine, contrivance, or device which, upon the
insertion of a coin, slug, token, plate, disc, or key into any slot or other opening, or by the
payment of any price, operates or may be operated, for the emission of songs, music or
similar amusement.
Chapter 9, Page 1
Mechanical amusement device means any machine which upon the insertion of a coin, slug,
token, plate, or disc, may be operated by the public generally for use as a game,
entertainment, or amusement, whether or not a prize is offered, and whether or not skill
in manipulation predominates over chance or luck. It shall include such devices as
marble machines, skill ball, pin -ball machines, mechanical grab machines and all games,
operations, or transactions similar thereto under whatever name they may be indicated.
Prize means any gift, award, gratuity, goods, service, credit, or anything else of value, which
may be transferred to a person, whether possession of the prize is actually transferred or
placed on an account or other record as evidence of the intent to transfer the prize.
Sweepstakes means any game, advertising scheme or plan, or other promotion which, with or
without payment of any consideration, a person may enter to win or become eligible to
receive any prize, the determination of which is based upon an element of chance.
SECTION 2: Chapter 9, Devices, shall be amended adding the following sections:
Sec. 9-11. Electronic sweepstakes machines or devices prohibited.
It shall be unlawful for any person to own, lease, operate, or place into operation an electronic
sweepstakes machine or device in any location open to the public within the City for the following
purposes:
(1) To conduct a sweepstakes through the use of an entertaining display including the entry
process or the reveal of a prize; or
(2) To promote a sweepstakes that is conducted through the use of an entertainment display
including the entry process or the reveal of a prize.
Sec. 9-12. Video Gaming Terminals - Not Prohibited.
Nothing contained in this Section shall be construed as prohibiting duly licensed video gaming
terminals as authorized by Section 9-10 of this Code.
Sec.9-13. Violation -Penalty.
Any person violating any provision of this Section shall be fined not less than $250.00 nor more than
$750.00 for each offense. Each machine or device found to be in violation, and each day such
violation occurs or continues, shall constitute a separate and distinct offense.
SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and
continue in full force and effect.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
Chapter 9, Page 2
SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby orized) as provided by law.
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Voting Nay: C
Absent: e
Abstain:
/ APPROVED:
yo ay K-tt
(SEAL) MaJeff
ATTEST:
Deputy Clerk Debra Meadows
-11
Approved:
Z:\M\McHenryCityoflOrdinances\Electronic SweepstakesMachines. doc
Chapter 9, Page 3
CERTIFICATION
I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified
Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy Clerk, I
am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of
McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
�t
McHenry, held on the V' day of Q , I , 2019, the foregoing
Ordinance entitled An Ordinance Amending Chapter 9, Devices, Coin -Operated, of the City of
McHenry's Municipal Code, was duly passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No. M C - I � - ( ( (1 , including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing
on the �'
15 day of _ Q"L- 2019, and will continue for at least 10 days thereafter.
Copies of such Ordinance are also available for public inspection upon request in the office of the
City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian
and keeper of the same.
(SEAL)
4L-
GIVEN under my hand and seal this I day of 2019.
66'15ra Meadows, Deputy Clerk
City of McHenry,
McHenry County, Illinois
Chapter 9, Page 4